2.
| (1) Where any application made to a civil court under Rule 38 (13) of the Co-operative Societies Rules, 1950, published in Gazette No. 10,086 of March 24, 1950, for the enforcement of a decision of the Registrar of Co-operative Societies on a dispute or an appeal referred or made to him under section 53 of the Cooperative Societies Ordinance or the award of an arbitrator on a dispute referred to him under such section has been rejected, during the period specified in subsection (2), on the ground that such Rule is ultra vires of such Ordinance, a fresh application may be made under such Rule to a civil court for the enforcement of such decision or award notwithstanding anything to the contrary in any other law. |
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| (2) The period for the purpose of subsection (1) shall be that-
| | (a) commencing on May 16, 1956, when two Judges of the Supreme Court decided in the case of S. M. Don Nereus vs. Halpe Katana Co-operative Stores Society Limited (S. C. 170-D.C. Negombo, 16683) that Rule 38
(13) mentioned in sub section (1) was ultra vires of the Co-operative Societies Ordinance, and | | |
| | (b) ending on November 18, 1957, when the majority of five Judges of the Supreme Court decided in the case of The Pinikahana Kahaduwa Co-operative Society Limited vs. P. M. Herath (S. C. 118-D.C. Balapitiya, 220) that the aforesaid Rule 38 (13) was intra vires of the Co-operative Societies Ordinance. | | |
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Sri Lanka Consolidated Acts